DUI Case With No Breath Test? When a police officer suspects that a driver is driving are under the influence, they will pull them over. The police officer will often request that the driver takes a breathalyzer test (or perform a field sobriety screening) to see if their BAL limit is above the legal amount allowed to operate (or be in charge of) a vehicle.
In Florida, you do technically have the legal right to refuse to take a breathalyzer screening. However, you will still face steep penalties for refusing. Many drivers don’t realize that penalties related to refusal can be just as severe as those for driving under the influence. Furthermore, a driver who refuses to take a breathalyzer test may still face DUI charges.
However, drivers may still have a strong and valid defense, and there may be a way to beat the charge in Florida court. In this scenario, you need a reputable legal defence attorney on your side to help you fight a DUI refusal charge.
At The Ticket Lawyers, our criminal defence attorneys have the tools that you need to fight your DUI charge. We understand how challenging a DUI arrest, and DUI refusal charge can be. Our dedicated team has over 75 years of experience in defending the criminally accused.
For reliable legal advice or more information, contact us today at (855)-323-8488 for your free consultation with a DUI attorney.
Contrary to what some drivers may think, yes, you can be convicted of a DUI without a breath test.
This is because a breath test; it’s not the only way for the arresting officer to determine whether you have been driving under the influence of alcohol or any other substances.
If you chose to refuse to take a breath test after being stopped, the officer would likely perform a field sobriety test instead and investigate the scene for additional evidence that you may be above the legal limit.
Other evidence that can prove a DUI according to Florida law include:
The state of Florida allows an officer to request a breath test at two points:
The arresting officer will then proceed to request a warrant from a judge to take a blood and urine sample from you. If the sample reveals that your blood contains a concentration of alcohol, medication, or cannabis, you can be convicted based on this evidence.
Having said this, an experienced attorney may still be able to present an argument in your defence and may be able to improve your chances of successfully beating a DUI conviction with no breath test.
A DUI is a serious offence that could mean a license suspension, driving classes, or even jail or prison time. Being successful in having your DUI charges dismissed is beneficial for your future because, in the State of Florida, a conviction of a DUI will remain on your record for 75 years.
It often surprises drivers to learn that in 40 percent of cases, DUI charges are reduced to lesser charges such as reckless driving. In some cases, charges are dismissed altogether.
However, there is no “one size fits all” tactic when it comes to a DUI case because it comes down to the specifics of each case. Prosecutors might be more lenient if this is your first DUI arrest or if it’s been more than ten years since your previous DUI offense. In other cases, the amount of alcohol in your blood could be a factor, or there might be other evidence that works in your favor.
A DUI case can be dismissed altogether because of any number of reasons, including lack of evidence, faulty breath test readings, or even a procedural error that led to a violation of your civil rights.
Even though it may sound like you have a fair chance of seeing your DUI charge dropped, it is important for you to know this is unlikely without the help of a lawyer who has experience in these cases.
In the state of Florida, there are a number of legal defense options available to you if you are arrested and charged for a DUI refusal. In order to utilize all of these options to your advantage, it is important that you work with a skilled defense attorney.
The most common defense in DUI a refusal case involves determining whether the arresting officer violated an offender’s rights. Arresting officers must follow the laws regarding DUI procedures and testing. Offenders can argue in court that their rights were violated during the arrest, and this may increase their chances of having a DUI refusal and DUI charges dismissed or reduced.
In order to prove that an officer violated your rights would essentially mean that you will have to prove that they did not have probable cause to pull you over. This is a very difficult argument to make but can be a possible angle to take when working with a skilled DUI defense lawyer.
A skilled attorney from The Ticket Lawyers will review all of the details of your arrest to assess whether the officer was adhering to the proper protocol at the time you were pulled over. If this argument is not applicable to you, there are some instances where you may be able to make a plea deal. Whatever the case, our attorneys are here to defend you and fight for the best possible outcome for you.
If you choose t to enter a guilty plea for a DUI refusal is likely that you will face severe consequences. If a driver is convicted of refusing a breath test, field sobriety test, or blood test, you may face steep fines, license suspensions, and a permanent criminal record.
In your court hearing, there are certain things that could happen that could improve your chances and ultimately lead to your charges getting thrown out, for example;
Drivers in the United States have a basic right to remain silent and to not say anything that can be used against them in court. If an offender is able to limit what is discussed with the police, an attorney has a better chance of beating the charges. You should speak to an attorney as soon as you can after a DUI breath test refusal arrest to improve the chances of beating your charges.
If you are facing charges for refusing a DUI breath test, it is crucial that you take the step to contact a criminal defense attorney as soon as possible. With over 75-years of combined experience, attorneys at The Ticket Lawyers have helped many clients successfully beat DUI refusal charges in Florida.
Contact our law firm today at (855)-323-8488 to see what legal options are available for you.
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